Medical Negligence

Nervous Shock Claims or Mental Harm Claims

Nervous Shock Claims or Mental Harm Claims

Nervous Shock Compensation Lawyers

Losing a loved one because of negligent medical treatment or medical negligence can be a very traumatic experience for everyone involved, particularly if you witnessed your loved one suffer or become injured because of negligent medical treatment or healthcare.

Our team of specialist medical negligence lawyers are experienced in acting for family members of patients in medical negligence compensation claims for nervous shock or mental harm all around Australia. We understand the devastating effects of having witnessed your loved one suffer or be injured or die as a result negligent medical treatment.

We’ll be here for you every step of the way guiding you through the process in your medical negligence nervous shock claim. We have the expert knowledge, expertise and a proven history needed to obtain outstanding results in all types of medical negligence compensation claims for nervous shock and mental harm.

When can you claim damages for nervous shock or mental harm

Apart from proving negligence on the part of the negligent medical practitioner or healthcare provider, to be entitled to bring a medical negligence nervous shock claim because of psychiatric injuries or psychological injuries you have suffered, you must satisfy the following criteria:

  • If you are unrelated to the victim of medical negligence, then you must have witnessed, at the scene, the victim being killed, injured or put in peril.
  • Otherwise, you must either be a:

+ Parent of the victim or a person with parental responsibility for the victim.

+ Spouse or partner of the victim.

+ Child or stepchild of the victim or a person for whom the victim has parental responsibility.

+ Brother, sister, half-brother or half-sister, or step-brother or step sister of the victim.

Most of the medical negligence nervous shock or mental harm claims are brought by family members of the injured or deceased person because of witnessing that person’s death or witnessing that person being injured or harmed by negligent medical treatment. This must, also, result in a recognised psychiatric illness.

What are examples of negligent medical treatment that can give rise to a medical negligence nervous shock or mental harm claims?

Medical negligence nervous shock or mental harm claims happen for many reasons, including:

  • Medical treatment received at public and private hospitals and at the hands of general practitioners and family doctors.
  • Surgical errors and mistakes.
  • Medical misdiagnosis and delay in diagnosis.
  • Anaesthesia or anaesthetic errors.
  • Medication and prescription errors.
  • Falls in hospitals.
  • Birth injuries to mothers and babies, as well as birth defects.
  • Plastic and cosmetic surgery complications.
  • Dental negligence.
  • Pressure injuries and sores.
  • Wrongfully caused death.

What compensation can I claim in a medical negligence nervous shock or mental harm claim?

Compensation in medical negligence nervous shock claims usually includes the following, but varies from case to case:

  • Damages for pain and suffering or general damages.
  • Medical and treatment expenses.
  • If required, past and future care and assistance.
  • Any loss of income.

See our what compensation can I claim for medical negligence page for more information on what compensation or damages are available in medical negligence cases.

Contact us today, and start with a free consultation by clicking “Make a Booking” to receive our preliminary expert advice.  

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Jonathan Coyle
Founding Partner
Yevgeni Shkuratov
Partner
Toya Kha
Founding Partner | Public Notary
Tony Chow
Partner